As time passes after your divorce, you may come to the realization that your divorce decree is unfair or unreasonable due to changes that have taken place in your life since the decree was ordered. For instance, if your income has significantly decreased, the cost of raising your children has significantly increased, or you were never really satisfied with the terms of your divorce, you may desire to pursue modifying your divorce decree.
Modifying Your Divorce Decree in Cherokee County, Oklahoma
If you and your ex spouse can come to an agreement on the changes, modifying your divorce decree can be easy. Like with the original terms of your divorce, the two of you, with the assistance of a Cherokee County divorce attorney, only need to draft a new agreement reflecting the new terms and have them approved by a judge of a family court. However, if you and your ex do not agree on the modifications to your divorce decree, the process will be much more complicated.
If the two of you do not agree on modifications to your divorce decree, you may first try entering mediation to avoid the expense of battling it out in court. If mediation is not a viable option or does not work, the only way of modifying your divorce decree will be to go to court.
But while courts are willing to make necessary modifications to child support, child custody, and spousal support, Oklahoma courts will not allow modifications to the division of property pursuant to your divorce decree.
Justifying a Modification of Your Cherokee County, Oklahoma Divorce Decree
In order to modify your Cherokee County divorce decree through the courts, you and your attorney will need to file a motion to modify, which must outline justification for the requested modification. A legitimate justification for modifying your divorce decree must be based on a substantial change in your life, the life of your ex-spouse or in your children’s lives. For example:
- You or your ex is moving (or wants to move) far away with the children.
- There has been an increase in the income of the spouse receiving child support.
- There has been a substantial change in the physical or mental health or in the lifestyle of the custodial parent which threatens your children’s well being.
- The cost of caring for your children has increased due to illness or injury.
- One of children has a difficult relationship with the custodial parent and would be better off living with the other parent.
- You ex is disparaging you in the presence of your children and undermining your ability to have a productive relationship with them.
- You believe that there may be physical, sexual, or emotional abuse taking place under the other parent’s care.
- Your ex-spouse is cohabiting with a person of the opposite sex or has remarried.
- The original terms of your divorce decree are simply not working for your family.
Regardless of why you believe a modifying your divorce decree is justified, the judge will only grant modifications that he or she believes are warranted under the circumstances and in the best interests of your children.
For more info on modifying your divorce decree, you should consult with a Cherokee County divorce attorney.
Free Consultation with Tahlequah Divorce Attorney
We’re here to listen to your many questions as you consider a divorce. For a free initial consultation, call Wirth Law Office – Tahlequah at 918-458-2677.
If you prefer written correspondence, you may also send your legal question using the form at the top right of this page.